You need to size the EP based on the EPS is has to process, regardless whether it does collection or not. In your case you need to size and license the EP for 40K EPS (license in order to be in compliance and size in order to be able to process 40K and be supported). Don't forget that a processor does not only process (i.e. CRE, Writing to storage) but also participates in searching and the host resources are shared for those tasks.